It may be agreed, at the time the pledge is created or subsequently, that if the secured obligation is not performed, the creditor will become the owner of the pledged asset.
The value of the asset is determined on the day of the transfer by an expert appointed amicably or judicially, in the absence of an official quotation of the asset on a trading platform within the meaning of the Monetary and Financial Code. Any clause to the contrary is deemed unwritten.
Where this value exceeds the amount of the secured debt, the sum equal to the difference is paid to the grantor or, if there are other pledgees, is consigned.